Tenth Circuit: Effective Vindication Exception Invalidates Arbitration Agreement. ERISA Action Advances in Court
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By Harry A. Jacobowitz, Esq.**

A U.S. Court of Appeals holds that the Supreme Court’s effective vindication exception to the enforcement of arbitration agreements applies to an arbitration agreement that prevents a defined compensation retirement plan participant from pursuing plan-wide remedies.

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Split Ninth Circuit Holds California’s AB-51 is Preempted by the FAA
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By George H. Friedman, SAA Publisher & Editor-in-Chief

A divided Ninth Circuit Panel holds that California’s AB-51 is preempted by the Federal Arbitration Act (“FAA”).

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EFASASHA Didn’t Invalidate Employment PDAA, But Unconscionability Did
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By George H. Friedman, SAA Publisher & Editor-in-Chief

Because the employee’s sexual harassment lawsuit predated the March 2022 effectiveness of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“EFASASHA”),

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CFPB Proposes Registry for Arbitration Clause and Class Action  Waiver Use
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By George H. Friedman, SAA Publisher & Editor-in-Chief

The Consumer Financial Protection Bureau (“CFPB” or “Bureau”) has proposed a new rule seeking information from nonbanks on among other things arbitration and class action waivers.

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CFPB and FTC File Amicus Brief Arguing that Military Lending Act Bars Arbitration Agreement Enforcement
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By George H. Friedman, SAA Publisher & Editor-in-Chief

The Consumer Financial Protection Bureau (“CFPB” or “Bureau”) and the Federal Trade Commission (“FTC” or “Commission”) have filed an Amicus Brief in federal court,

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Consumer Coalition to CFPB Director Chopra: Do Something About Mandatory Arbitration
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By George H. Friedman, SAA Publisher & Editor-in-Chief

A coalition of over a hundred consumer advocacy groups has written to CFPB Director Chopra,

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